Lalbabu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89058 of 2024 Arising Out of PS. Case No.-305 Year-2022 Thana- KARJA District- Muzaffarpur ====================================================== Lalbabu Mahto S/O Ram Pravesh Mahto @ Munna Mahto R/O VillageNijamuddin Kodariya, P.O- Pakri Pakohi, P.S- Karja, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Surendra Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
3. As per the prosecution case, sister of the informant was married with this petitioner on 24.4.19 and thereafter, all the F.I.R. named accused persons including this petitioner started demanding dowry and she was subjected to cruelty. It is alleged that on 20.10.22, all the F.I.R. named accused persons killed the sister of informant and when she went to her matrimonial house, she found that hands of the deceased were tied with rope.
4. Learned counsel for the petitioner submits that petitioner is husband of the deceased and he has falsely been
Patna High Court CR. MISC. No.89058 of 2024(2) dt.29-01-2025 2/2 implicated in this case as at the time of the alleged occurrence, petitioner was working in Bangalore. Informant is not the eye witness of occurrence and petitioner has been made accused only on suspicion.
5. Learned A.P.P. for the State vehemently opposed the bail application and submitted that petitioner is named in the F.I.R. and deceased was subjected to cruelty due to nonfulfillment of demand of dowry.
6. Considering the nature of accusation and the fact that petitioner is husband of the deceased, who died within seven years of marriage in unnatural circumstances in her matrimonial house, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J) Navya/- U T